DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nepean Power Pty Ltd T/A Nepean Power Pty Ltd
(AG2017/3847)

NEPEAN POWER WORKSHOP AND SITE SERVICES AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 NOVEMBER 2017

Application for approval of the NEPEAN Power Workshop and Site Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the NEPEAN Power Workshop and Site Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nepean Power Pty Ltd T/A Nepean Power Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2017. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nepean Power Pty Ltd, trading as Nepean Power, applied to the Fair Work Commission for approval of the Nepean Power Workshop and Site Services Enterprise Agreement 2017. The applicant sought to have the agreement registered under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory criteria for registration, specifically if it provided for the fair and equitable treatment of employees and complied with the procedural requirements set out in the Act.

The court was required to determine whether the agreement appropriately balanced the rights and obligations of both employers and employees. This involved scrutinising the procedural fairness of the agreement's formation, including whether proper consultation and negotiation had occurred and if the agreement contained appropriate dispute resolution mechanisms. Additionally, the court examined whether the agreement addressed key employment terms and conditions in a fair and reasonable manner.

After reviewing the submissions and evidence, the Fair Work Commission found that the agreement was appropriately negotiated and contained all the necessary elements required for registration. The Commission noted that the agreement provided for adequate dispute resolution processes and that the terms were fair and reasonable in all respects. Consequently, the application for approval was successful. The Commission registered the Nepean Power Workshop and Site Services Enterprise Agreement 2017, affirming its compliance with the legislative requirements.

Nepean Power Pty Ltd T/A Nepean Power Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established